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HomeMy WebLinkAboutZBA Minutes 1965-08-05 35 TOWN OF ITHACA ZONING BOARD OF APPEALS AUGUST 59 1965 A meeting of the Town of Ithaca Zoning Board of Appeals was held at the Town Offices , 108 E . Green Street , City of Ithaca at 7 : 30 P . M . on Thursday , August 5 , 1965 . Members of the Board present were : Chairman David F . Powers , Robert Powers , � C . A . Tilton , William S . • Scott , Jr . , Roger Sovocool , Zoning Officer Robert J . . Wells , and Secretary Cheri Beninati . Also present were : Attorney Richard B . Thaler , J . Ryan , R . Bowlsby , Mr . and Mrs . R . Sheldrake , Jr . , K . Mc Guire , A`. Rosten , Isaac Cortright . , R . S . Beardsley , R . C . Gray , Nora Dodd , Mr . and Mrs . M . Brink , R . . Child , J . Hall , Mrs , Sturgeon , Constance Cook , F . Liguori , J . V zse , E . Phillips , Attorney Robert J . Hines , P . Allen , H . Perry . RYAN TOWING SERVICE - SECOND HEARING The meeting was called to order by Chairman David Powers .. The Chairman requested Zoning Officer Wells to read the minutes of the July 29 , 1965 meeteing pertaining to the Ryan Towing Service . The minutes were approved as read . Chair- man Powers asked Attorney Thaler if Ye had my. additional statements or questions . Attorney Thaler replied in the negative . Zoning Officer Wells brought to the Board ' s attention a letter which he received dated August 5 , 1965 , addressed. to Mr . Wells , Town of Ithaca Zoning Board , signed by D . Aubrey Marion of the Dun Rovin Motel , 658 Elmira Road . Mr . Marion expressed the fact that he was opposed to granting of a variance with regard to Ryan Towing Service . The letter was filed with the Secretary . Mr . Isaac Cortright inquired as to the interpretation of Mr . Ryan agreeing to limit the storage of wrecked vehicles to 5 cars and 5 days , i . e . does -his- figure up to 25 cars ? Mr . Thaler replied by saying , " May I make some light on this ? I think whatever proposal is made by the Board will be acceptable . " Mr . Thaler also stated that , upon looking at the accident reports in Tompkins County , he found less than one occurred per clay . If Mr . Ryan got :every wreck , he may have one per day . Mr . Thaler stated- Mr . Ryan does not want to create a junk .yard ; he merely wants to compete 36 with other people . According to Mr . Thaler , Mr . Ryan would hold the wrecks only until the insurance company told him where to tow said wrecks . Mr . Thaler stated , " We will hold with any decision the Board makes . " Mr . R . C . Gray stated that he felt the best solution was for Mr . Ryan to get another piece of property on which to store the vehicles . Mr . Thaler : We are perfectly agreeable if the Board of Zoning Appeals , tells . us as to the time we can. keep a car on the premises . It is just the temporary nature of picking up the wreck , taking it to the garage specified by the owner . We are perfectly willing to move . Right now Mr . . Ryan is not in the auto storing business . P+�ra Sovocool : I don ' t see any showing of hardship in the use of e property . What you are asking for is that itbe zoned for some other use . All we could gve you is a variance . Mr . Thaler : It is true that Mr . . Ryan talked to Mr . Wells prior T377he purchase of the property . He was advised this was light industrial zoning . The hardship is that here is a man trying to enter a business not on the scale of a junk yard . He has made a large financial investment . Because of the zoning regulation , he can ' t be competitive with other people in the field . If he cannot be competitive , he will be out of business before he begins . Mr . Sovocool replied that Mr . Ryan would be out - of business at this site only . Mr . Thaler stated Mr . Ryan could not afford to open two sites to operate this business . Mr . K . McGuire stated that the Elmira Road residents did not want another junk yard and expressed his opposition to . Mr . Ryan ' s . proposal . Mr . Thaler stated Mr . Ryan was applying for a building only . According to Mr .. Thaler , the cars would be kept in a closed building . " We are perfectly willing to have this Board tell us we can keep a car there for a limit of time . " . Area residents , namely Mrs . Sturgeon , Mr . . McGuire , Mr Rosten , and Mr . Hall expressed their feelings opposing granting of a variance in this case . Mr . Isaac Cortright recommended that Mr . Ryan be permitted to erect a building for storage only . Upon request by Mr . R . Child , Zoning Officer Wells read the minutes again in order to answer Mr . Child ' s question as to what Mr . Ryan ' s present business is aad its location . 37 Zoning Board of Appeals Minutes - August 5 , 1965 Page 2 - Chairman Powers advised Mr . Child ,. that Mr . . Ryan ' s present business is on the said location at 630 Elmira Road . Zoning Officer Wells added that it is in violation of the Zoning Ordinance , Mr . Ryan formerly operated the same type of business at Millbrook Trailer Court , Mr . Child brought up the point that if Mr . Ryan had a decent business in the past , he would do so in the future . Chairman Powers replied that the Board had no idea of . his past tactics . Mr . Thaler inquired of the residents , " If he ( i . e . Mr . Ryan ) would be willing not to have any wrecked cars - on the premises , if we make application for storage of wreckers only , would there be any objections ? " Mr . Millard Brink replied he did not see any need for this kind of business on a main highway in the first place ; Mr . Ryan. - could be just as successful in a back road as on Routh 13 . Mr .. P . Allen stated that the Board ' s purpose is to serve the people of the Town of Ithaca , and it was a known fact that when the premises were bought they were in violation of the Zoning Ordinance , 4rand , therefore , hardship is not present . Mr . Beardsley , who lives across from the premises in question , stated he had no objection to a garage for the housing and repairing of trucks , but he did not want to see wrecked cars there . Mr . J . Hall inquired as to what the procedure is when some - one moves in where it is zoned for one thing aid directly violates it . Mr . Wells replied , " I was first aware of this situation on June 11 when I received this letter signed ' Disgruntled Elmira Rd . Residents ' . On June 11 , I contacted Mr . Ryan , after several efforts , on the phone and talked with him about this , and I believe about two days later Mr . Ryan came nto my office . At that time I informed him he was in violation of the Ordinance . He informed me that he was in the process of purchasing the property - the transaction was not closed yet . He informed me his attorney was Lou Thaler . He said I should call Mr . Thaler . He said he real - ized what the zoning �a. s and they were still going to go ahead and buy it . I explained to Mr . Ryan the process he would have to go through in order to establish this type of business . I furnished Mr . Ryan with the forms which he returned to me - for which I have not been paid . Mr . Ryan should be in Justice Court facing a criminal charge . " 38 Ur . - Thaler : It would be different if he had not contacted Mr . Wells . . He is trying to get a variance . The wheels of the law are slow . He made an application as soon as he moved . there . He has made an effort to have a variance . Constance Cook : I live on CoyGlen Road . We are extremely in eres a in the South End of the entire town , and I want to say. I am opposed to any variance in this case . If this business qualified for alight industry , which it doesn ' t , a variance could be granted . This is prime tvelopment property . I think it should be turned down . I would like to make a plea for the south end of the Town of Ithaca . We have to stop regarding this as a junk yard . This is ideal for residential development . We can do all sorts of things here . We have had many bitter junk yard experiences . I feel that this would be a great mistake to grant the variance in this case . The Board recessed for 15 minutes to come to a decision . Upon motion by Mr . W . S Scott , : Jr . , seconded by Mr . R . Sovocool and carried : The application for a variance is denied . There has been no showing or proof of any practical difficulty or unnecessary hardship . There is no showing . that the property is unique in any way . In addition , the proof shows that the applicant knew this property could not be used as a towing service prior to the purchase of the property . The proposed use is not consistent with the character of the neighborhood . The proposed use will tend to devaluate neighborhood properties . Mr . Ryan was granted 7 days to move his business . This meeting was adjourned at 8 : 55 P . M . Respectfully submitted , Cheri Beninati Secretary